logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 제천지원 2020.04.23 2020고단48
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who runs the business of manufacturing mineral treatment and handling equipment under the trade name of “C” in Chungcheong-gun B.

When a worker dies or retires, any person who violates the Labor Standards Act shall pay him/her wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant, while working in the said workplace from March 6, 2019 to April 12, 2019, did not pay KRW 29,800,000,000 for the total of four employees, as stated in the detailed statement of unpaid money and valuables by each individual, as well as KRW 3,30,000,000, in total, from March 6, 2019, within 14 days from the date of retirement without agreement between the parties on the extension of payment deadline

(b) Any person who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, the Defendant, while serving in the said workplace from October 1998 to June 30, 2019, did not pay KRW 14,919,162, and KRW 14,919,162, and KRW 29,838,324 of the retired F’s retirement pay from January 1, 1992 to June 30, 2019, within 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline.

2. The instant crime of this case (violation of the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act) is an offense against which a public prosecution cannot be instituted against the victim’s explicit intent.

(Article 109(2) of the Labor Standards Act and Article 44 of the Guarantee of Workers' Retirement Benefits Act. However, after the institution of the instant case, all victims expressed their intention not to be punished by the Defendant.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

arrow